Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 1526 of 2019 Petitioner :- Finance Or Account Officer Respondent :- Ganesh Prasad Dwivedi And 2 Others Counsel for Petitioner :- Shrawan Kumar Pandey Counsel for Respondent :- C.S.C.,Shravan Kumar Panday Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner.
Present petition has been filed for setting aside the order dated 10.12.2018 passed by the District Judge, Auraiya in Civil Revision No. 13 of 2018 (Uttar Pradesh Sarkaar and others vs. Ganesh Prasad Dwivedi).
By the impugned order the revisional court rejected the revision, which was filed challenging the order dated 27.2.2018 passed by the trial court being paper no. 67-Ga filed for recall of the order dated 18.2.2003.
Submission is that the court below has incorrectly recorded the finding that the order passed under Order 8 Rule 10 CPC is appealable and as such revision was filed.
Facts of the case are that the order dated 18.2.2003 was passed by the trial court ex-parte against the petitioner as inspite of time repeatedly granted no one put in appearance and the written statement was also not filed. The application for recall of this order was filed after about 15 years in the year 2017. The same was rejected by the order dated 27.2.2018. The said order is not under challenge before this Court. The revisional court has observed that under such circumstances no interference is warranted in the order dated 27.2.2018 and has further directed to the court below to decide the case on day to day basis. The plaintiff is claiming retiral dues.
Under such facts and circumstances of the case, I do not find any good ground to interfere in the order impugned herein in exercise of powers under Article 227 of the Constitution of India.
Present petition is accordingly dismissed.
Order Date :- 26.4.2019 Lalit Shukla